Version 2.0.1
Zip Webs
Terms Of Services
Welcome to Zip Webs, a leading web design and marketing agency dedicated to providing exceptional services to our clients. The following Terms of Service (“ToS”) govern your access to and use of our website, services, products, and any related content (collectively referred to as the “Services”). Please read these ToS carefully before accessing or using our Services.
By accessing, browsing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these ToS, along with any additional terms and conditions, guidelines, or policies that may be applicable to specific features or services, including but not limited to our Privacy Policy. If you do not agree to these ToS, you must not access or use the Services.
These ToS constitute a legally binding agreement between you, the user, and Zip Webs, and apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.
Zip Webs reserves the right to update, change, or replace any part of these ToS at any time, in its sole discretion, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Definitions
For the purposes of these Terms of Service, the following terms shall have the meanings set forth below:
- Zip Webs: refers to the web design and marketing agency that provides the Services, as well as its owners, directors, officers, employees, agents, licensors, and affiliates.
- Services: encompass all offerings provided by Zip Webs, including but not limited to website design, marketing, consulting, and any other products or services made available through the Zip Webs website or other platforms.
- User” or “You: refers to any individual or entity that accesses, browses, or uses the Services, whether as a visitor, customer, or content contributor.
- Content: means any and all text, images, graphics, videos, sound, data, software, or other materials made available through the Services, whether created or provided by Zip Webs, Users, or third parties.
- User-Generated Content: refers to any Content that is created or submitted by Users, including but not limited to comments, reviews, images, text, or other media.
- Intellectual Property Rights: include all rights, titles, and interests in and to patents, copyrights, trademarks, trade secrets, and other intellectual property rights recognized by law.
- Privacy Policy: refers to the separate policy document that outlines how Zip Webs collects, uses, shares, and protects personal information of Users.
- Third-Party Services: encompass any products, services, or content provided by third parties, including but not limited to links, plugins, or integrations that may be accessed through the Services.
Account Registration and Use
To access certain features and services provided by Zip Webs, Users may be required to create an account (“Account”). By registering for an Account, you agree to the following terms and conditions:
- Eligibility: You represent and warrant that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, and are legally capable of entering into binding contracts. If you are registering on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service.
- Accurate Information: You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration process, and to update your information as necessary to maintain its accuracy. You are solely responsible for the accuracy of the information associated with your Account.
- Confidentiality: You are responsible for maintaining the confidentiality of your Account login credentials, including your username and password. You agree to notify Zip Webs immediately of any unauthorized use of your Account or any other breach of security.
- Responsibility for Account Activity: You are solely responsible for all activities that occur under your Account, whether or not authorized by you. Zip Webs will not be liable for any loss or damage arising from your failure to comply with the requirements set forth in this section.
- Account Restrictions: Zip Webs reserves the right, in its sole discretion, to deny registration, suspend, or terminate your Account for any reason, including but not limited to violation of these Terms of Service, illegal activity, or non-payment of fees.
- One Account Per User: Unless otherwise authorized by Zip Webs, each User is limited to one Account. Creating multiple Accounts may result in the suspension or termination of all associated Accounts.
By adhering to these Account Registration and Use requirements, Users can help ensure a secure and efficient experience while using the Services provided by Zip Webs.
Service Offerings and Pricing
Zip Webs offers a range of web design, marketing, and related services designed to help clients achieve their online goals. By accessing and purchasing our services, you agree to the following terms and conditions related to our offerings and pricing:
- Service Descriptions: Zip Webs strives to provide accurate, up-to-date descriptions of its Services on its website and other promotional materials. However, we reserve the right to make changes to the features, functionality, or availability of any Service at any time, without prior notice.
- Custom Services: In addition to our standard offerings, Zip Webs provide custom services tailored to the specific needs of individual clients. The scope, deliverables, and pricing for custom services will be outlined in a separate agreement or statement of work, which will be incorporated by reference into these Terms of Service.
- Pricing: Unless specified otherwise, all prices for Services are quoted in USD (United States Dollar) on the Zip Webs website or in a separate agreement. These prices are subject to change at any time without notice and Zip Webs reserves the right to modify its pricing structure, offer discounts, or establish promotional rates for its Services at its sole discretion.
- Price Changes: If Zip Webs changes the price of a Service to which you are subscribed, we will provide you with advance notice of the change and the opportunity to cancel your subscription before the new pricing takes effect.
- Taxes: You are responsible for any applicable taxes, duties, or other governmental charges associated with your use of the Services, unless expressly stated otherwise in a separate agreement.
- Additional Fees: In some cases, additional fees may apply for specific services or features, such as premium support, rush delivery, or additional revisions. If any additional fees apply to your use of the Services, they will be clearly disclosed and agreed upon in advance.
By understanding the terms and conditions related to Zip Webs’ Service Offerings and Pricing, Users can make informed decisions about which Services best suit their needs and budget.
Guarantee of Web Designing and Marketing Services
Zip Webs is committed to providing high-quality, professional web designing and marketing services to its Users. By accessing and our website and purchasing one ore more of our services, you acknowledge and agree to the following terms and conditions related to our guarantee of professional services:
- Quality Assurance: Zip Webs shall make every reasonable effort to ensure that its web designing and marketing services meet or exceed industry standards for quality, functionality, and performance. Our team of skilled professionals will utilize their expertise and experience to create unique, visually appealing, and effective web designs and marketing strategies tailored to the specific needs and goals of each User.
- Customer Satisfaction: Zip Webs values its Users’ satisfaction and will work closely with them throughout the design and marketing process to ensure that their requirements and expectations are understood and met. If Users have any concerns or are not satisfied with the services provided, they are encouraged to communicate their feedback to Zip Webs so that appropriate measures can be taken to address and resolve the issue.
- Continuous Improvement: Zip Webs is dedicated to the continuous improvement of its web designing and marketing services. We actively monitor industry trends, best practices, and technological advancements to ensure that our services remain up-to-date, innovative, and effective in achieving our Users’ objectives. Zip Webs may, from time to time, update its services, methodologies, or processes to enhance the overall quality and effectiveness of its offerings.
- Limitations: While Zip Webs strives to provide high-quality, professional web designing and marketing services, we cannot guarantee specific results, such as increased website traffic, sales, or search engine rankings, due to the variable nature of online marketing and the numerous factors that can influence the success of a web design or marketing campaign. However, Zip Webs will use its best efforts to develop and implement strategies aimed at maximizing the potential for positive outcomes.
By understanding and adhering to this Guarantee of Professional Web Designing and Marketing Services, Users can be confident in the commitment and expertise of Zip Webs to deliver high-quality, professional services that align with their specific needs and goals.
Payment Terms
By selecting a service package offered by Zip Webs, payment is required to commence such service. By making this payment for the Service, the User (You) agrees to the payment terms and conditions outlined as follows:
- Payment Methods: Zip Webs accepts various payment methods, including but not limited to credit cards, debit cards, Palpal, Zelle, Venmo, and electronic payment services. By providing a payment method, you represent and warrant that you are authorized to use the provided method and that the information you supply is true, accurate, and complete.
- Authorization: By submitting payment information, you authorize Zip Webs and its designated payment processors to charge your chosen payment method for the fees associated with your selected Services, as well as any applicable taxes and other charges.
- Billing Cycle: Payment for Services may be billed on a one-time, monthly, or annual basis, as specified during the ordering process or in a separate agreement. Subscription fees will be charged automatically at the beginning of each billing cycle, unless you cancel your subscription in accordance with our Cancellation and Refund Policy.
- Late Payments: If a payment is not received by the due date or cannot be processed due to insufficient funds, expired payment method, or other reasons, Zip Webs reserves the right to suspend or terminate your access to the Services until payment is received in full. You may also be subject to late fees or interest charges, as permitted by applicable law.
- Payment Disputes: If you have a dispute or question about a charge, you must notify Zip Webs within thirty (30) days of the date of the disputed charge. Failure to notify us within this time period will result in your waiver of the right to dispute the charge.
- Currency: Unless specified otherwise, all fees are quoted and payable in USD (United States Dollar) on the Zip Webs website during the ordering process or in a separate agreement.
By complying with these Payment Terms, Users can help ensure a smooth and uninterrupted experience while using the Services provided by Zip Webs.
Cancellations and Refunds
Zip Webs understands that Users may need to cancel their subscription to our Services or request a refund under certain circumstances. The following terms and conditions apply to cancellations and refunds:
- Cancellation Process: To cancel your subscription to a Service, you must submit a cancellation request through your User Dashboard to the billing department or by contacting our customer support team for more information. Cancellation requests must be received by Zip Webs at least five (5) business days before the start of the next billing cycle to avoid being charged for the subsequent cycle.
- Refunds for One-Time Services: For one-time Services, such as custom web design projects, refunds may be granted at the sole discretion of Zip Webs, based on factors such as the progress of the project, the nature of the work completed, and any applicable contractual obligations. Refund requests for one-time Services must be submitted from your User Dashboard via a ticket within fifteen (15) days of the delivery of the final product or service.
- Refunds for Subscription Services: For subscription-based Services, Users may be eligible for a refund in accordance with our refund policy, which will be clearly stated during the ordering process or in a separate agreement. Refunds for subscription Services may be granted on a prorated basis for unused portions of the subscription term, subject to any applicable minimum commitment periods or other restrictions.
- No Refunds for Breach of Terms: Users who have their access to the Services terminated or suspended due to a violation of these Terms of Service or any applicable laws will not be eligible for a refund.
- Processing Refunds: Approved refunds will be processed using the same payment method used for the original transaction, unless otherwise agreed upon by Zip Webs and the User. Refunds may take up to thirty (30) days to be credited to your account, depending on the policies of your payment provider.
By familiarizing yourself with Zip Webs’ Cancellations and Refunds policy, you can better understand your rights and options in the event that you need to cancel or request a refund for our Services.
User Conduct and Obligations
As a User of the Services provided by Zip Webs, you are expected to adhere to certain standards of conduct and to comply with various obligations. By accessing and using our Services, you agree to the following terms and conditions related to User conduct and obligations:
- Lawful Use: You agree to use the Services only for lawful purposes and in compliance with these Terms of Service, as well as any applicable local, state, national, and international laws and regulations.
- Prohibited Activities: You shall not engage in any activities that may interfere with or disrupt the normal operation of the Services, including but not limited to hacking, data mining, sending spam, spreading viruses or malware, or engaging in any other malicious or harmful activities.
- Respect for Other Users: You agree to treat other Users with respect and not to engage in any behavior that is abusive, harassing, defamatory, discriminatory, or otherwise harmful.
- Content Restrictions: You shall not submit or transmit any User-Generated Content that is unlawful, obscene, pornographic, violent, harassing, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise objectionable.
- Intellectual Property: You represent and warrant that you have the right to use, reproduce, and distribute any User-Generated Content you submit or share through the Services, and that such content does not infringe on the rights of any third party.
- Compliance with Guidelines: You agree to abide by any additional guidelines, rules, or policies that may be posted or provided by Zip Webs in connection with specific Services, features, or promotions.
- Responsibility for Content: You acknowledge and agree that you are solely responsible for any User-Generated Content you submit or share through the Services, and that Zip Webs assumes no liability or responsibility for such content.
By adhering to these User Conduct and Obligations requirements, Users can help maintain a positive, safe, and productive environment for all Users of the Services provided by Zip Webs.
Intellectual Property
Intellectual property rights are a crucial aspect of the Services provided by Zip Webs, and we are committed to respecting and protecting these rights. By accessing and using our Services, you agree to the following terms and conditions related to intellectual property:
- Zip Webs Intellectual Property: All Content made available through our website, including but not limited to text, graphics, logos, images, software, and the overall design and layout of this website, is the exclusive property of Zip Webs or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, reproduce, modify, distribute, or otherwise exploit any Content without the express written permission of Zip Webs or the applicable rights holder.
- User-Generated Content: By submitting or sharing User-Generated Content through the Services, you grant Zip Webs a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Zip Webs the right to use the name that you submit in connection with such content, at our discretion.
- Third-Party Intellectual Property: Zip Webs respects the intellectual property rights of others and expects Users to do the same. If you believe that any Content made available through our Services infringes on your copyright or other intellectual property rights, please notify Zip Webs and provide sufficient information for us to investigate and, if appropriate, take action to remove or disable access to the allegedly infringing content.
- Trademarks: The Zip Webs name, logo, and any other trademarks, service marks, or trade dress used in connection with our Services are the exclusive property of Zip Webs and may not be used without our express written permission. All other trademarks, product names, company names, or logos mentioned in the Services are the property of their respective owners and may not be used without their permission.
By understanding and adhering to these Intellectual Property provisions, Users can contribute to a respectful environment that fosters creativity, collaboration, and innovation while using the Services provided by Zip Webs.
Surveys and Contests
From time to time, Zip Webs may conduct surveys or contests for its Users in order to gather valuable feedback, insights, or for promotional purposes. By accessing and using our Web Design and Marketing Services, you acknowledge and agree to the following terms and conditions related to surveys and contests:
- Participation: Participation in surveys and contests conducted by Zip Webs is voluntary. You are under no obligation to participate or to provide any personal information unless you choose to do so. By participating in a survey or contest, you agree to provide accurate, complete, and up-to-date information as requested.
- Rules and Regulations: Each survey or contest conducted by Zip Webs may be governed by specific rules and regulations, which will be made available to you at the time of your participation. By participating in a survey or contest, you agree to comply with these rules and regulations, as well as any applicable laws and regulations.
- Privacy: Personal information collected through surveys and contests will be handled in accordance with Zip Webs’ Privacy Policy. Zip Webs will take reasonable measures to protect the privacy and security of your personal information and will not share it with third parties without your consent, except as required by law or as outlined in the Privacy Policy.
- Prizes and Awards: If a survey or contest includes prizes, awards, or other incentives, the specific details, terms, and conditions of such prizes or awards will be disclosed at the time of your participation. Zip Webs reserves the right to modify or cancel any prizes, awards, or incentives at its sole discretion. Any taxes, fees, or other expenses associated with the receipt or use of a prize or award are the sole responsibility of the winner.
- Disqualification: Zip Webs reserves the right to disqualify any participant in a survey or contest if it determines, in its sole discretion, that the participant has violated these Terms of Service, applicable laws, or the specific rules and regulations governing the survey or contest.
By understanding and adhering to these Surveys and Contests provisions, Users can participate in surveys and contests conducted by Zip Webs in a responsible and informed manner while providing valuable feedback and insights to help improve the quality of the Web Design and Marketing Services.
User-Generated Content
Zip Webs provide features that allow Users to create, submit, or share their own content through our website. By accessing and using these features, you agree to the following terms and conditions related to User-Generated Content:
- License Grant: By submitting or sharing User-Generated Content through the Services, you grant Zip Webs a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. This license includes the right for Zip Webs to make your User-Generated Content available to others for their use, whether through the Services or other channels.
- Representation and Warranty: You represent and warrant that you own or otherwise control all of the rights to the User-Generated Content that you submit or share, and that the use of such content by Zip Webs and other Users will not infringe upon or violate the rights of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights.
- Responsibility for Content: You acknowledge and agree that you are solely responsible for the User-Generated Content that you submit or share through our website, and that Zip Webs assumes no liability or responsibility for such content. Zip Webs does not endorse, support, or guarantee the accuracy, truthfulness, or reliability of any User-Generated Content.
- Moderation and Removal: Zip Webs reserves the right, but has no obligation, to monitor, review, edit, remove, or otherwise manage User-Generated Content at its sole discretion. This includes the right to remove any content that Zip Webs believes, in its sole discretion, violates these Terms of Service, any applicable laws, or the rights of any third party.
- Feedback and Suggestions: If you provide any feedback, suggestions, or ideas to Zip Webs in connection with the Services, you acknowledge and agree that Zip Webs may use such feedback, suggestions, or ideas without any obligation to provide compensation or attribution to you, and without any restriction on Zip Webs’ right to use, modify, or distribute the feedback, suggestions, or ideas as it sees fit.
By understanding and adhering to these User-Generated Content provisions, Users can foster a creative and collaborative environment within the Services provided by Zip Webs, while respecting the rights and interests of all parties involved.
Zip Webs is committed to protecting the privacy and personal information of our Users. By accessing and using our website, you agree to the collection, use, and disclosure of your personal information as described in our Privacy Policy, which is incorporated by reference into these Terms of Service. Key aspects of our Privacy Policy include:
- Information Collection: We may collect various types of information from Users, including but not limited to personal information (such as name, email address, phone number, and physical address), demographic information, and information related to your use of our website and services (such as browsing history, search queries, and user preferences).
- Use of Information: We use the information collected from Users for various purposes, including but not limited to providing and improving our Services, personalizing your experience, responding to your inquiries, and sending you promotional materials or other communications that may be of interest to you.
- Information Sharing: Zip Webs may share your personal information with third parties under certain circumstances, such as when required by law, in connection with a merger or acquisition, or when we believe it is necessary to protect our rights or the rights of others. We may also share your information with our affiliates, partners, and service providers who assist us in providing the Services.
- Data Security: Zip Webs takes reasonable measures to protect the security of your personal information and to prevent unauthorized access, use, or disclosure. However, we cannot guarantee the absolute security of your information, and by using the Services, you acknowledge and accept the inherent risks associated with the transmission and storage of information online.
- User Choices: You may have certain choices regarding the collection, use, and sharing of your personal information, such as opting out of receiving promotional communications or updating your user preferences. You can also request access to, correction of, or deletion of your personal information, subject to any applicable legal or contractual obligations.
- Third-Party Links: Our website may contain links to third-party websites or services that are not controlled by Zip Webs. We are not responsible for the privacy practices or content of these third-party sites, and we encourage you to review their privacy policies and terms of use before providing any personal information or using their services.
By familiarizing yourself with our Privacy Policy and adhering to its provisions, Users can help protect their privacy and personal information while using our website.
Third-Party Links and Services
Zip Webs’ website may contain links to or integrate with third-party websites, applications, or services that are not owned, controlled, or operated by Zip Webs. By accessing and using our Services, you acknowledge and agree to the following terms and conditions related to third-party links and services:
- No Endorsement or Control: The inclusion of third-party links or integrations does not imply endorsement, sponsorship, or affiliation by Zip Webs, nor does it signify that Zip Webs has any control over the content, policies, or practices of the third-party websites, applications, or services. Zip Webs is not responsible for the accuracy, reliability, or quality of any third-party content, products, or services.
- User Responsibility: You acknowledge and agree that your use of any third-party websites, applications, or services is at your own risk and subject to the terms and conditions of use and privacy policies of the applicable third-party providers. Zip Webs encourages Users to review the terms and privacy policies of any third-party websites, applications, or services before providing any personal information or engaging in any transactions.
- Disclaimers and Limitation of Liability: Zip Webs disclaims any and all warranties, express or implied, with respect to any third-party websites, applications, or services, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall Zip Webs be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your access to, use of, or reliance on any third-party websites, applications, or services.
By understanding and adhering to these Third-Party Links and Services provisions, Users can make informed decisions when navigating away from Zip Webs’ Services and engaging with third-party providers, while acknowledging the potential risks and limitations associated with such interactions.
Website Availability and Modifications
Zip Webs strives to provide consistent and reliable access to our website. However, there may be instances where the availability of our website is impacted or changes are made to the scope or features of our website. By accessing and using our website, you acknowledge and agree to the following terms and conditions related to service availability and modifications:
- Availability: While Zip Webs endeavors to maintain continuous availability of our website, we cannot guarantee uninterrupted, timely, or error-free access. Service availability may be subject to factors beyond our control, such as technical issues, network outages, maintenance, or force majeure events.
- Maintenance and Updates: From time to time, Zip Webs may need to perform maintenance or updates to our website, which may result in temporary interruptions or reduced functionality. We will make reasonable efforts to minimize the impact of such maintenance or updates on Users and provide advance notice where possible.
- Website Modifications: Zip Webs reserves the right, at its sole discretion, to modify, suspend, or discontinue any part or feature of our website at any time, with or without notice. This may include the addition, removal, or modification of Services, features, or functionalities, as well as changes to the pricing or subscription terms.
- Limitation of Liability: In no event shall Zip Webs be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the unavailability, suspension, or modification of our website, including but not limited to loss of data, loss of business, or loss of profits.
By understanding and adhering to these Service Availability and Modifications provisions, Users can be prepared for potential changes or interruptions to our website and recognize the limitations of liability associated with such events.
Limitation of Liability
despite our best efforts, certain risks and uncertainties may arise. By accessing and purchasing our services, you acknowledge and agree to the following terms and conditions related to the limitation of liability:
- No Warranty: The Web Design and Marketing Services are provided on an “as-is” and “as-available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Zip Webs does not warrant that the Web Design and Marketing Services will be uninterrupted, timely, secure, error-free, or free from harmful components.
- Exclusion of Liability: To the maximum extent permitted by applicable law, Zip Webs, its affiliates, licensors, partners, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to, use of, or inability to use our Web Design and Marketing Services, even if Zip Webs has been advised of the possibility of such damages. This limitation of liability includes, but is not limited to, any harm caused by the end product, hacking or security breaches, or improper spending of advertising budgets that yield minimal results.
- Indemnification: You agree to indemnify, defend, and hold harmless Zip Webs, its affiliates, licensors, partners, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to, use of, or violation of these Terms of Service, applicable laws, or the rights of any third party.
- Maximum Liability: In the event that Zip Webs is found to be liable to you for any damages or losses arising out of or in connection with your access to, use of, or inability to use our Web Design and Marketing Services, Zip Webs’ total aggregate liability for such damages or losses shall not exceed the amount paid by you for the specific Service that gave rise to the claim, if any.
By understanding and adhering to this Limitation of Liability provision, Users can be aware of the risks associated with the Web Design and Marketing Services and accept responsibility for their own actions and decisions related to the use of such services.
Indemnification
In the event of a claim or legal dispute arising from the use of Zip Webs’ Web Design and Marketing services, Users are expected to assume responsibility for their actions and the consequences thereof. By accessing and purchasing one or more of our services, you acknowledge and agree to the following terms and conditions related to indemnification:
- Indemnity Obligation: You agree to indemnify, defend, and hold harmless Zip Webs, its affiliates, licensors, partners, and service providers, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to, use of, or inability to use the Services, your violation of these Terms of Service, applicable laws or regulations, or the rights of any third party.
- Cooperation: In the event of any claim or legal dispute for which you are required to provide indemnification, you agree to cooperate fully with Zip Webs in the defense or settlement of such claim or dispute, at your own expense. Zip Webs reserves the right, at its discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Zip Webs in asserting any available defenses.
- No Settlements: You agree not to settle any claim, liability, or legal dispute that would require Zip Webs to admit fault, incur financial obligations, or take any action that would negatively impact Zip Webs, without Zip Webs’ prior written consent.
By understanding and adhering to these Indemnification provisions, Users can assume responsibility for their actions while using the Services provided by Zip Webs and commit to protecting Zip Webs from any potential harm or losses resulting from claims or legal disputes.
Termination
Both Zip Webs and Users have the right to terminate their relationship under certain circumstances. By accessing and using our Services, you acknowledge and agree to the following terms and conditions related to the termination of the Services:
- Termination by User: You may terminate your account or subscription to the Services at any time, subject to the Cancellations and Refunds provisions outlined in these Terms of Service. Termination of your account or subscription will result in the discontinuation of your access to and use of the Services.
- Termination by Zip Webs: Zip Webs reserves the right, at its sole discretion, to suspend or terminate your account, subscription, or access to the Services at any time, with or without notice, for any reason, including but not limited to your breach of these Terms of Service, non-payment of fees, or if Zip Webs believes that your actions may cause harm or liability to Zip Webs, its affiliates, partners, or other Users.
- Effect of Termination: Zip Webs retains the exclusive right to suspend or terminate your account, subscription, or access to our Services at any given time, with or without prior notice. This may occur for various reasons, such as violation of our Terms of Service, non-payment of fees, or if we determine that your actions may potentially cause damage or liability to Zip Webs, its affiliates, partners, or fellow users. Upon termination, you will have a 30-day grace period to transfer your assets to a new service provider. After this 30-day window, your assets will be deleted from our servers, and all associated licenses will be revoked.
- Survival: All provisions of these Terms of Service that by their nature shall survive termination, including but not limited to ownership and intellectual property provisions, indemnification, limitation of liability, and any other provisions that may reasonably be expected to remain in effect after termination.
By understanding and adhering to these Termination provisions, Users can be aware of their rights and obligations in the event of the termination of the Services provided by Zip Webs and take appropriate steps to protect their interests and comply with any applicable requirements.
Governing Law and Jurisdiction
These Terms of Service and any disputes arising from or related to the Services shall be governed by and construed in accordance with the laws and regulations applicable in the jurisdiction where Zip Webs is headquartered. By accessing and using our Services, you acknowledge and agree to the following terms and conditions related to governing law and jurisdiction:
- Governing Law: These Terms of Service, the Privacy Policy, and any other policies or agreements related to the Services shall be governed by and construed in accordance with the laws of the jurisdiction where Zip Webs is headquartered, without regard to its conflict of laws principles.
- Jurisdiction: You agree that any disputes arising out of or in connection with these Terms of Service, the Privacy Policy, or the Services shall be subject to the exclusive jurisdiction of the courts located in the jurisdiction where Zip Webs is headquartered. You hereby consent to the personal jurisdiction of such courts and waive any objections to such jurisdiction, including but not limited to objections based on forum non conveniens or any other legal principle.
- Dispute Resolution: Any disputes arising from or related to the Services shall be resolved through good faith negotiations between the parties. If such negotiations fail to resolve the dispute within a reasonable time, either party may seek appropriate legal remedies in the courts of the jurisdiction where Zip Webs is headquartered.
By understanding and adhering to these Governing Law and Jurisdiction provisions, Users can be aware of the legal framework that governs the Services provided by Zip Webs and agree to submit to the jurisdiction of the applicable courts in the event of any disputes or legal actions.
Severability
In the event that any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such a finding shall not affect the remaining provisions, which shall continue in full force and effect. By accessing and using our Services, you acknowledge and agree to the following terms and conditions related to severability:
- Severability: If any provision of these Terms of Service is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving its original intent and the intent of the parties as closely as possible. If no such modification is possible, the invalid, illegal, or unenforceable provision shall be severed from these Terms of Service, and the remaining provisions shall continue in full force and effect.
- No Waiver: The failure by Zip Webs to enforce any provision of these Terms of Service at any time shall not constitute a waiver of such provision or Zip Webs’ right to enforce any other provision of these Terms of Service at any subsequent time.
By understanding and adhering to these Severability provisions, Users can be aware that the invalidity, illegality, or unenforceability of any provision of these Terms of Service shall not affect the validity, legality, or enforceability of the remaining provisions, ensuring that the overall intent and purpose of the agreement between Zip Webs and Users remain intact.
Changes to Terms
Zip Webs reserves the right to update or modify these Terms of Service at any time, in its sole discretion, in response to changes in applicable laws, regulations, technology, or the needs of its business. By accessing and using our Services, you acknowledge and agree to the following terms and conditions related to changes to the Terms of Service:
- Notification: Zip Webs will notify Users of any material changes to these Terms of Service by posting the updated version or by sending an email notification to the email address associated with the User’s account. It is the User’s responsibility to periodically review these Terms of Service for any changes.
- Continued Use: Your continued access to or use of the Services after any changes to these Terms of Service have been posted or otherwise notified to you constitutes your acceptance of those changes. If you do not agree with the updated Terms of Service, you must discontinue your access to and use of the Services immediately.
- Version Effect: The version at the top of these Terms of Service indicates the iteration of the term.
By understanding and adhering to these Changes to Terms provisions, Users can stay informed of any updates or modifications to the Terms of Service and ensure that their access to and use of the Services remain in compliance with the latest version of the Terms of Service.
Force Majeure
Force Majeure refers to unforeseeable and uncontrollable events that may prevent or hinder the performance of obligations under these Terms of Service. By accessing and using our Services, you acknowledge and agree to the following terms and conditions related to force majeure:
- Force Majeure Events: Neither Zip Webs nor Users shall be liable for any failure or delay in the performance of their respective obligations under these Terms of Service due to force majeure events, which include, without limitation, acts of God, natural disasters, epidemics, pandemics, war, terrorism, labor strikes or disputes, civil unrest, government actions or orders, or any other circumstances beyond the reasonable control of the affected party.
- Notice and Mitigation: In the event of a force majeure event affecting the performance of any obligation under these Terms of Service, the affected party shall promptly notify the other party and take reasonable steps to mitigate the effects of the force majeure event on its performance.
- Suspension of Obligations: The affected party’s obligations under these Terms of Service shall be suspended during the period of the force majeure event, to the extent that such obligations are directly affected by the force majeure event. The affected party shall resume the performance of its obligations as soon as reasonably practicable after the force majeure event has ceased or is no longer preventing or hindering the performance of such obligations.
- Termination: If a force majeure event continues for a period of more than thirty (30) days, either party may terminate the affected Service or these Terms of Service in their entirety by providing notice to the other party, subject to any applicable Cancellations and Refunds provisions.
By understanding and adhering to these Force Majeure provisions, Users can be aware of the potential impact of unforeseeable and uncontrollable events on the performance of their obligations and the Services provided by Zip Webs, and take appropriate steps to address such situations in accordance with the agreed-upon terms and conditions.
Entire Agreement
These Terms of Service, together with any other policies or agreements explicitly incorporated herein by reference, constitute the entire agreement between Zip Webs and Users with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. By accessing and using our Services, you acknowledge and agree to the following terms and conditions related to the entire agreement:
- Complete Agreement: These Terms of Service, along with any other policies or agreements explicitly incorporated by reference, represent the complete and exclusive understanding between Zip Webs and Users with respect to the Services, and supersede any prior or contemporaneous proposals, negotiations, communications, or agreements, whether oral or written, related to the subject matter hereof.
- Amendments: Any amendment or modification to these Terms of Service must be in writing and signed by an authorized representative of both Zip Webs and the User, unless such amendment or modification is made by Zip Webs in accordance with the Changes to Terms provisions outlined in these Terms of Service.
- No Reliance: Users acknowledge that they have not relied on any statement, representation, warranty, or agreement by Zip Webs or any other person on behalf of Zip Webs, except as expressly set forth in these Terms of Service or any other policies or agreements explicitly incorporated herein by reference.
By understanding and adhering to these Entire Agreement provisions, Users can be aware of the full extent and scope of the agreement between them and Zip Webs, and ensure that their access to and use of the Services are based on a clear and comprehensive understanding of the rights, obligations, and responsibilities of both parties.
